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SCA/17259/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 17259 of 2005
==============================================================
MAHAGUJARAT
MEDICAL SOCIETY - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
==============================================================
Appearance
:
MR
MURALI N DEVNANI for
Petitioner No(s).: 1.
MR
AMBALAL F PATEL for
Petitioner No(s).: 1.
MR
HD DAVE ASST GOVERNMENT PLEADER for
Respondent No(s).: 1.
None for Respondent No(s).: 2,
3,4.
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/08/2005
ORAL
ORDER
. Shri
Murali Devnani, learned advocate appearing on behalf of the
petitioner weeks permission to withdraw the present Special Civil
Application as the petitioner proposes to prefer an appeal before
the appellate authority challenging the order under Section-7-A of
the Payment of Gratuity Act, 1972. It will be open for the petitioner
to move an appropriate application for waiver and the same can be
considered by the appellate authority in accordance with law and on
merits. However, it is made clear that this Court has not expressed
any opinion on issue whether the amount should be waived or not and
it is ultimately for the appellate authority to consider the same in
accordance with law and on merits considering the provisions of the
Payment of Gratuity Act, 1972.
In
view of above observations, the present Special Civil Application is
permitted to be withdrawn and the same stands disposed of
accordingly.
[
M.R.Shah, J.]
=kailash=
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